ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00018407
Parties:
| Complainant | Respondent |
Anonymised Parties | Painter | Manufacturing Business |
Representatives | Self represented | No representation |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00023615-001 | 28/11/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00023615-002 | 28/11/2018 |
Date of Adjudication Hearing: 09/05/2019
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, Section 6 of the Payment of Wages Act 1991 and Section 39 of the Redundancy Payments Act 1967, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant seeks payment of wages unpaid at the end of his employment and a statutory redundancy payment |
Summary of Complainant’s Case:
CA-00023615-001 The Complainant stated that he was employed by the Respondent from 23rd January 2012. On 26th October 2018, he resigned his employment giving one week’s notice. He was let go home early on 31st October 2018 as work was slow. He later got a text from a colleague to say that the employment was closing down immediately. He was owed €1,595.72 wages which includes payment for annual leave accrued and not taken. Wages unpaid he calculated at €1,407 and payment for untaken annual leave €188.72. CA-00023615-002 The Complainant had to leave his work. He had significant stress due to domestic illness. He was aggrieved that the employer did not provide the required notice of redundancy and he therefore was not granted redundancy payment which he believed he should have received. |
Summary of Respondent’s Case:
There was no appearance for the Respondent or the Liquidator. |
Decision:
CA-00023615-001 On the uncontested evidence of the Complainant, I find his complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €1,595.72 |
CA-00023615-002
Having provided the employer with one week’s notice on 26th October 2018, the Complainant was effectively still in the employment when the business closed down without notice on 31st October 2018. In those circumstances, I have decided that he is entitled to a statutory redundancy payment based on the following:
Date of commencement of employment: 23/01/2012
Date of termination of employment: 31/10/2018
Gross weekly pay: €560
This decision is based on the Complainant having been in insurable employment for the requisite period.
Dated: 30th July 2019
Workplace Relations Commission Adjudication Officer: Gaye Cunningham